CHAPTER13
TELECOMMUNICATIONS
Article 13.1: Definitions
For the purpos of this Chapter:
commercial mobile rvices means public telecommunications rvices supplied through mobile wireless means;
cost-oriented means bad on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or rvices;
end-ur means a final consumer of or subscriber to a public telecommunications rvice, including a rvice supplier other than a supplier of public telecommunications rvices;
enterpri means an enterpri as defined in Article 1.3 (General Definitions) and a branch of an enterpri;
esntial facilities means facilities of a public telecommunications network or rvice that:
(a) are exclusively or predominantly provided by a single or limited number of
suppliers, and
(b) cannot feasibly be economically or technically substituted in order to supply a
rvice;
interconnection means linking with suppliers providing public telecommunications rvices in order to allow the urs of one supplier to communicate with urs of another supplier and to access rvices provided by another supplier;
international mobile roaming rvice means a commercial mobile rvice provided pursuant to a commercial agreement between suppliers of public telecommunications rvices that enables end-urs to u their home mobile handt or other device for voice, data or messaging rvices while outside the territory in which the end-ur’s home public telecommunications network is located;
lead circuit means a telecommunications facility between two or more designated points that is t aside for the dedicated u of, or availability to, a ur and supplied by a supplier of a fixed
telecommunications rvice;
licence means any authorisation that a Party may require of a person, in accordance with its laws and regulations, in order for that person to offer a telecommunications rvice, including concessions, permits or registrations;
major supplier means a supplier of public telecommunications rvices that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for public telecommunications rvices as a result of:
(a) control over esntial facilities, or
(b) u of its position in the market;
network element means a facility or equipment ud in supplying a fixed public telecommunications rvice, including features, functions and capabilities provided by means of that facility or equipment;
non-discriminatory means treatment no less favourable than that accorded to any other ur of like public telecommunications rvices in like circumstances, including with respect to timeliness;
number portability means the ability of end-urs of public telecommunications rvices to retain, at t
he same location, the same telephone numbers when switching between the same category of suppliers of public telecommunications rvices;
physical co-location means physical access to and control over space in order to install, maintain or repair equipment, at premis owned or controlled and ud by a major supplier to provide public telecommunications rvices;
public telecommunications network means telecommunications infrastructure ud to provide public telecommunications rvices between defined network termination points;
public telecommunications rvice means any telecommunications rvice that a Party requires, explicitly or in effect, to be offered to the public generally. The rvices may include telephone and data transmission typically involving transmission of customer-supplied information between two or more defined points without any end-to-end change in the form or content of the customer’s information;
reference interconnection offer means an interconnection offer extended by a major supplier and filed with, approved by or determined by a telecommunications regulatory body that sufficiently details the terms, rates and conditions for interconnection so that a supplier of public telecommunicat
ions rvices that is willing to accept it may obtain interconnection with the major supplier on that basis, without having to engage in negotiations with the major supplier
concerned;
telecommunications means the transmission and reception of signals by any electromagnetic means, including by photonic means;
telecommunications regulatory body means a body or bodies responsible for the regulation of telecommunications;
ur means a rvice consumer or a rvice supplier; and
virtual co-location means an arrangement whereby a requesting supplier that eks co-location may specify equipment to be ud in the premis of a major supplier but does not obtain physical access to tho premis and allows the major supplier to install, maintain and repair that equipment.
Article 13.2: Scope
1. This Chapter shall apply to:
(a) any measure relating to access to and u of public telecommunications rvices;
(b) any measure relating to obligations regarding suppliers of public动物园里的长颈鹿
telecommunications rvices; and
(c) any other measure relating to telecommunications rvices.帮助别人就是帮助自己
2. This Chapter shall not apply to any measure relating to broadcast or cable distribution of radio or television programming, except that:
(a) Article 13.4.1 (Access to and U of Public Telecommunications Services) shall
apply with respect to a cable or broadcast rvice supplier’s access to and u of
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public telecommunications rvices; and
(b) Article 13.22 (Transparency) shall apply to any technical measure to the extent
that the measure also affects public telecommunications rvices.
3. Nothing in this Chapter shall be construed to:
(a) require a Party, or require a Party to compel any enterpri, to establish, construct,
港股休市acquire, lea, operate or provide a telecommunications network or rvice not品悟
offered to the public generally;1
1 For greater certainty, nothing in this Chapter shall be construed to require a Party to authori an enterpri of
(b) require a Party to compel any enterpri exclusively engaged in the broadcast or
cable distribution of radio or television programming to make available its
broadcast or cable facilities as a public telecommunications network; or
(c) prevent a Party from prohibiting a person who operates a private network from
using its private network to supply a public telecommunications network or
九寨沟诺日朗瀑布rvice to third persons.
4. Annex 13-A (Rural Telephone Suppliers – United States) and Annex 13-B (Rural Telephone Suppliers – Peru) include additional provisions relating to the scope of this Chapter. Article 13.3: Approaches to Regulation
1. The Parties recogni the value of competitive markets to deliver a wide choice in the supply of telecommunications rvices and to enhance consumer welfare, and that economic regulation may not be needed if there is effective competition or if a rvice is new to a market. Accordingly, the Parties recogni that regulatory needs and approaches differ market by market, and that each Party may determine how to implement its obligations under this Chapter.
2. In this respect, the Parties recogni that a Party may:
(a) engage in direct regulation either in anticipation of an issue that the Party expects
may ari or to resolve an issue that has already arin in the market;
(b) rely on the role of market forces, particularly with respect to market gments that
are, or are likely to be, competitive or that have low barriers to entry, such as
rvices provided by telecommunications suppliers that do not own network
facilities;2 or
(c) u any other appropriate means that benefit the long-term interest of end-urs.
3. When a Party engages in direct regulation, it may nonetheless forbear, to the extent provided for in its law, from applying that regulation to a rvice that the Party classifies as a another Party to establish, construct, acquire, lea, operate or supply public telecommunications rvices, unless otherwi provided for in this Agreement.
2 Consistent with paragraph 2(b), the United States, bad on its evaluation of the state of competition of the U.S. commercial mobile market, has not applied major supplier-related measures pursuant to Articles 13.7 (Treatment by Major Suppliers of Public Telecommunication Services), 13.9.2 (Resale), 13.11 (Interconnection with Major Suppliers), 13.1
3 (Co-Location by Major Suppliers), or 13.1
4 (Access to Poles, Ducts, Conduits and Rights-of-Way Owned or Controlled by Major Suppliers) to the commercial mobile market.
public telecommunications rvice, if its telecommunications regulatory body or other competent bod
y determines that:
(a) enforcement of the regulation is not necessary to prevent unreasonable or
discriminatory practices;
(b) enforcement of the regulation is not necessary for the protection of consumers;
and
(c) forbearance is consistent with the public interest, including promoting and
enhancing competition between suppliers of public telecommunications rvices. Article 13.4: Access to and U of Public Telecommunications Services3
1. Each Party shall ensure that any enterpri of another Party has access to and u of any public telecommunications rvice, including lead circuits, offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions.
2. Each Party shall ensure that any rvice supplier of another Party is permitted to:
(a) purcha or lea, and attach terminal or other equipment that interfaces with a
public telecommunications network;
(b) provide rvices to individual or multiple end-urs over lead or owned circuits;
(c) connect lead or owned circuits with public telecommunications networks and
rvices or with circuits lead or owned by another enterpri4;
剩饭怎么煮粥(d) perform switching, signalling, processing and conversion functions; and
(e) u operating protocols of their choice.
中国速度3. Each Party shall ensure that an enterpri of any Party may u public telecommunications rvices for the movement of information in its territory or across its borders, including for intra-corporate communications, and for access to information contained 3 For greater certainty, this Article does not prohibit any Party from requiring an enterpri to obtain a licence to supply any public telecommunications rvice within its territory.
4 In Viet Nam, networks authorid to establish for the purpo of carrying out, on a non-commercial basis, voice and data telecommunications between members of a clod ur group can only directly interconnect with each other where approved in writing by the telecommunications regulatory body. Viet Nam shall ensure that upon request an applicant receives the reasons for the denial of an authorisation. Viet Nam shall review this requirement to obtain written approval within two years of the date of entry into force of this Agreement.
